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Ask Judith Your Own Question
Judith, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 28077
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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Hello. I would like to know if somebody with a pending trial

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I would like to know if somebody with a pending trial in his country and who has participated in the US US Green Card Lottery can enter the US as a resident?
Hello,my name is Judith. Thank you for this opportunity to answer your questions.
What is the person charged with - what crime?
Customer: replied 3 years ago.
Hello. Still here. What if he has stolen a car and had a gun with him?
Unfortunately that is what is called a crime involving moral turpitude and he has to provide a police clearance from his country. That arrest will show up.
The US consul will not issue him a visa without the matter being resolved and him found not guilty or the charges dropped.
If this was a minor misdemeanor that would be different, but this may even be considered an aggravated felony.
Customer: replied 3 years ago.
So, he cannot even come under a student visa?

What if he has already been arrested and been in jail for a few months and is waiting for another trial?

He would not be issued any visa to come to the US until he resolves this matter either through a not guilty verdict or the charges are dropped.
The US will not take any chance with him until he clears his name.
Customer: replied 3 years ago.
Ok, thanks.
You are welcome. Thank you for using JA.
Judith and 2 other Immigration Law Specialists are ready to help you